Sunday, July 27, 2003

22-year old Diana Lynn Daly was caught on tape smooching with a member of Texas rockers Flickerstick, a group featured on VH1's "Bands on the Run" reality show.

Daly had no problem with that. In fact, she herself publicly disclosed the kiss. However, she and the band's drummer were in a bathroom stall, and video of her locking lips was broadcast on the show and still images of same were used in a national advertising campaign.

Embarrassed, Daly sued Viacom, Inc., VH1's parent company, for misappropriation of her right of publicity, invasion of privacy, fraud, and infliction of emotional distress, among other causes of action.

The California District Court judge didn't buy it. Judge Maxine Chesney found that the show is an "expressive work," and as such is protected by the First Amendment. Therefore, Daly could not claim misappropriation of her likeness in the program or in advertisements.

Furthermore, since Daly had publicly disclosed the kiss, she could no longer claim a right of privacy. Ruling that the publicly disclosed act could not be made private again "merely by virtue of the location in which such activity occurs," the judge struck down the privacy claim.

Daly's other claims also failed.

Daly v. Viacom, Inc., 238 F.Supp.2d 1118 (N.D.Cal. 2002)

LAST CALL FOR Hollywood Finance and Distribution symposium, JULY 19–20

On July 19 and 20, I am chairing an event that provides independent filmmakers with the opportunity to learn about finance and distribution opportunities.

The two-day event will cover such topics as international co-productions, subsidies, and production incentives; distribution channels; how soon is too soon to promote or market a film; and the future of film financing. In addition, filmmakers will have the chance to discuss their projects with agents, studio execs and distributors in 30-minute round tables.

The full schedule of events and details can be found at http://www.hollywoodawards.com/conference/market.html

Mark litwak to Speak AT VSDA in Las Vegas

On July 29, Mark will speak about "The Business Side of Filmmaking" during the Video Software Dealers Association Home Entertainment convention held at the Venetian Hotel, Las Vegas.

VSDA has partnered with organizers of the Had To Be Made Film Festival to bring independent filmmakers, distributors and retailers together to promote independent film to the public. This year's Filmmaker Program brings together the nation's leading video retailers, distributors and acquisition professionals to share their ideas and comments. The program is geared to provide networking, learning and sales opportunities.

22-year old Diana Lynn Daly was caught on tape smooching with a member of Texas rockers Flickerstick, a group featured on VH1's "Bands on the Run" reality show.Daly had no problem with that. In fact, she herself publicly disclosed the kiss. However, she and the band's drummer were in a bathroom stall, and video of her locking lips was broadcast on the show and still images of same were used in a national advertising campaign.

Embarrassed, Daly sued Viacom, Inc., VH1's parent company, for misappropriation of her right of publicity, invasion of privacy, fraud, and infliction of emotional distress, among other causes of action.

The California District Court judge didn't buy it. Judge Maxine Chesney found that the show is an "expressive work," and as such is protected by the First Amendment. Therefore, Daly could not claim misappropriation of her likeness in the program or in advertisements.

Furthermore, since Daly had publicly disclosed the kiss, she could no longer claim a right of privacy. Ruling that the publicly disclosed act could not be made private again "merely by virtue of the location in which such activity occurs," the judge struck down the privacy claim.

Daly's other claims also failed.

Daly v. Viacom, Inc., 238 F.Supp.2d 1118 (N.D.Cal. 2002)

LAST CALL FOR Hollywood Finance and Distribution symposium, JULY 19–20

On July 19 and 20, I am chairing an event that provides independent filmmakers with the opportunity to learn about finance and distribution opportunities.

The two-day event will cover such topics as international co-productions, subsidies, and production incentives; distribution channels; how soon is too soon to promote or market a film; and the future of film financing. In addition, filmmakers will have the chance to discuss their projects with agents, studio execs and distributors in 30-minute round tables.

Mark litwak to Speak AT VSDA in LAS vegas On July 29, Mark will speak about "The Business Side of Filmmaking" during the Video Software Dealers Association Home Entertainment convention held at the Venetian Hotel, Las Vegas.VSDA has partnered with organizers of the Had To Be Made Film Festival to bring independent filmmakers, distributors and retailers together to promote independent film to the public. This year's Filmmaker Program brings together the nation's leading video retailers, distributors and acquisition professionals to share their ideas and comments. The program is geared to provide networking, learning and sales opportunities.Click here for more info.

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About Me

A veteran entertainment lawyer, arbitrator, expert witness and author, Mark Litwak has provided legal services or acted as a producer rep on more than 100 feature films. He is the author of 6 books including: Reel Power, Dealmaking in the Film and Television Industry (winner of the 1995 Kraszna-Krausz Book Award), Contracts for the Film and Television Industry, and Risky Business: Financing and Distributing Independent Film. He is also the author of the popular CD-ROM Movie Magic Contracts.
As a law professor, he currently teaches at the U.S.C. School of Law, and has previously taught at the Univ. of Puget Sound and Loyola Law Schools. He has been on the faculty at UCLA for 24 years. He has lectured for the American, California and Texas bar associations. A frequent speaker, he has lectured at many universities including Harvard, the American Film Institute, Columbia University and NYU. He has also presented movie industry seminars in England, Australia, South Africa and Canada.
Mark Litwak is AV®
Peer Review Rated by Martindale-Hubble and has been named a Superlawyer multiple times by the publishers of Law and Politics Magazine.